MI- Sex offender Darwin Brown charged with loitering near school

I wonder if these folks have heard of Chicago V. Morales 527 U.S. 41 (1999) on the issue of loitering?

UPDATE: Upon review of the state's loitering law we have found there is nothing in it to prohibit a RSO from "coming within 1000 feet of a school" although the residency portion prohibits -certain offenders- from residing within 1000 feet of a school.

11-13-2008 Michigan

A Norton Shores man who spent 13 years in prison for sexually assaulting an emotionally impaired boy has been arrested for "hanging out" near an elementary school.

Darwin Michael Brown, 44, of 5982 Lake Harbor, a registered sex offender, was arraigned Friday before 60th District Judge Maria Ladas Hoopes.

He is charged with being a sex offender loitering near a school, in this case Churchill Elementary, a misdemeanor that carries a penalty of up to a year in jail for the first offense. Bail was set at $5,000 and a pretrial hearing for 9:30 a.m. Dec. 12. Due to jail overcrowding, his bail was reduced Monday to personal recognizance, and he was released.

Norton Shores Detective Tony Nanna said police also executed a search warrant at Brown's home Nov. 6 as part of an ongoing investigation.

-What is the relationship between his home and loitering near a school to warrant a search of the home?

The arrest was the second in less than a month in Norton Shores of a registered sex offender for violating the student safety zone by coming within 1,000 feet of a school.

-Two? This is almost an unheard of offense, and two by the same agency inone month. Hummm.

Jeffrey Thomas Partlow, 38, of Muskegon Heights was arrested Oct. 22 at his parents' home, 1637 Lawnel, which is near Mona Shores Middle School, 1700 Woodside.

Partlow, who allegedly resisted police at the time of his arrest, has been bound over for trial in 14th Circuit Court.

"The safety of our kids in the community is of the utmost importance to this department and this detective and will not be tolerated," Nanna said. "Anytime we get a complaint of a possible violation, we'll investigate fully."

The complaint about Brown came late last month from neighbors and school personnel at Churchill Elementary, 961 Porter, according to police.

Nanna said Brown was cutting trees in a wooded lot 328 feet from school property for about a week. He was helping a friend and was not there due to employment. "He admitted he was hanging out," Nanna said.

At the time, Brown was out on bond after being arrested for refusing to pay a one-time $35 fee for registering his address as a sex offender, police said.

Brown was released from prison last December after serving time for third-degree criminal sexual conduct. He was a part-time firefighter with Norton Shores when the incident with the 14-year-old boy occurred in 1994. Authorities said Brown used his position to lure the boy into several sex acts. ..News Source.. by Lisa Medendorp The Muskegon Chronicle